In an ongoing legal case, Bau chief Ratu Epenisa Cakobau has yet to receive the $3,000 in damages ordered by the High Court from three defendants following his unlawful arrest on June 7, 2018. Cakobau has taken legal action against the Commander of the Republic of Fiji Military Forces (RFMF), the Commissioner of Police, and the Office of the Attorney-General, alleging he was detained unlawfully for 30 hours.
Cakobau is pursuing a declaration of unlawful arrest, compensation for wrongful detention, and damages for breaches of his constitutional rights. His attorney, Gavin O’Driscoll, informed Acting Master of the High Court Liyanage Kashyapa Wickramasekara that the defendants have not complied with the court’s order to pay the costs. In August, the court ruled that the Attorney-General’s office and the police were to pay $2,000 by September 10, 2023. However, Ofa Solimailagi, representing the defendants, claimed uncertainty about whom the costs should be awarded to, leading to a request for clarification.
The RFMF acknowledged its failure to pay the directed $1,000 cost as well, which is now mandated to be settled by April 27, while the A-G’s office and the police are expected to pay their share by the upcoming Thursday. The matter is set for mention on May 5, continuing to escalate Cakobau’s pursuit of justice.
This case underscores significant issues regarding individual rights and accountability within military and police actions in Fiji, resonating with similar recent cases focusing on upholding constitutional protections. The court’s rulings highlight a growing judicial emphasis on human rights, suggesting a positive trend in addressing past grievances and fortifying the legal protections for citizens against state overreach. Such developments could pave the way for restorative measures between traditional leaders and governing authorities, contributing to healing longstanding societal tensions.
The ongoing legal battle not only seeks to rectify historical wrongs but also reinforces the necessity for safeguarding individual rights, marking progress toward greater accountability in Fiji’s governance practices.
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